Ministry of Justice announces timetable for the Defamation Bill and likely costs reform
On Monday, the Government published the Ministry of Justice’s business plan for the period 2011-2015. Among other things, the plan sets out the following timetables:
Reform libel laws to protect freedom of speech
- Develop a draft Defamation Bill
start: started - end: March 2011 - Consult through publication of the draft Bill
start: March 2011 - end: June 2011 - Amend draft Defamation Bill in light of consultation responses
start: July 2011 - end: April 2012 - Introduce Defamation Bill in the second session of Parliament
start: May 2012 - end: May 2012
Introduce the recommendations in Lord Justice Jackson’s report into the funding and costs of civil litigation, subject to consultation
- Consult on Lord Justice Jackson’s proposals for civil litigation funding and costs
start: November 2010 - end: February 2011 - Analyse consultation responses on funding arrangements for civil litigation and develop an implementation plan
start: February 2011 - end: March 2011 - If necessary, introduce primary legislation
start: Spring 2011 - end: Spring 2011
Following several years of debate concerning the chilling effect of conditional fee agreements and after the event insurance on freedom of expression, we will have some conclusions in the Spring.
When the draft Defamation Bill is made available for consultation in March 2011, it will be interesting to see how much of Lord Lester’s Private Member’s Bill is incorporated. Also, by March 2011, we hope to have the Supreme Court’s judgment in the Spiller v Joseph case, giving publishers a clearer view of the true parameters of the defence of honest opinion (fair comment).
If you would like us to assist you with a response on either legislative proposal, please contact us.
Lawyers Lorna Caddy, Niri Shanmuganathan
